State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs)
A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision. [continue reading…]
State v. Marie A. Martin, 2016AP913-CR, District 1, 12/20/16 (one-judge decision; ineligible for publication); case activity (including briefs)
A police officer’s contact with the driver of a car idling in a parking lot at 2:00 a.m. was lawful because the objective facts justified a reasonable suspicion of criminal activity. [continue reading…]
State v. Gregory J. McMillan, 2016AP127-CR, 12/16/2016, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)
12:30 a.m., Saturday, Dodge Charger, driving away from tavern-rich area of McFarland. No bad driving, but a “relatively sudden” right turn with a squad two car lengths behind. The turn is onto a dead-end street with only “large industrial-type buildings.” Officer drives around a back way and sees McMillan standing at the back of his car talking on his phone. From where he’s standing, McMillan could have snuck into the shadows had he seen the squad following him, instead of coming around a back way. Officer stops McMillan. Reasonable suspicion? [continue reading…]
State v. Shannon Olance Hendricks, 2015AP2429-CR, 12/15/2016, District 1/4 (not recommended for publication), petition for review granted 5/15/17, affirmed, 2018 WI 15 ; case activity (including briefs)
A defendant pleading to a sexual assault involving sexual contact (as opposed to sexual intercourse) is required to understand the meaning of “sexual contact.” If he or she does not, he or she is entitled to plea withdrawal. State v. Jipson, 2003 WI App 222, ¶9, 267 Wis. 2d 467, 671 N.W.2d 18. Here, the court of appeals holds that a defendant pleading to child enticement with a purpose to engage in a sexual assault by “sexual contact” need not understand the meaning of this phrase. [continue reading…]
Lee v. United States, USSC No. 16-327, cert. granted 12/14/16
Question presented (based on the cert. petition):
To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his attorney must show “a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 (1985). Under this standard, is it always irrational for a noncitizen defendant with longtime legal resident status and extended family and business ties to the United States to reject a plea offer despite strong evidence of guilt because the plea would result in mandatory deportation or permanent exclusion?
Turner v. United States, USSC No. 15-1503, and Overton v. United States, USSC No. 15-1504, cert. granted, consolidated for argument and decision, 12/14/16
Question presented (as formulated by SCOTUS)
Whether the petitioners’ convictions must be set aside under Brady v. Maryland, 373 U.S. 83 (1963).
Foley & Lardner has examined the extraordinary turn over in Wisconsin’s court of appeals judges over the last 10 years. When Judge Higgenbotham retires, only 2 courts of appeals judges will have more than 10 years experience. Click here for Foley’s post. Looks like 6 of the 16 court of appeals’ judges (including Judge Dugan, Judge Curley’s replacement) were appointed by our current governor.
State v. David Robert Brown, 2016AP83-CR, 12/14/2016, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)
David Brown was arrested for OWI; the breathalyzer that he took about two hours later showed a .11 BAC. At trial he adduced expert testimony that, given what Brown told the expert he had drunk and when, his BAC would have been .078, just below the legal limit, at the time he was driving. He objects on due process grounds to the court’s instructing the jury, in accord with Wis JI-Criminal 2669, that it could find he was driving under the influence on the basis of the BAC reading alone. [continue reading…]
